I keep seeing it all over the news: “will the Senate impeach?”, “all but five Republican senators oppose impeachment trial“, “will Trump be impeached?”.
It’s driving me a crazy to see the ignorance of it all. So, with this short and simple article I’m going to clarify a few things for you, my readers, and for anyone else you can get this article in front of.
One: The Senate Cannot Impeach
I’d thought this had been cleared up after Trump’s last go round. The Constitution says:
“The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.”
Many Trump haters were seen rejoicing after Trump’s last impeachment because they thought he’d been removed from office. Of course, impeachment is just the first step, done by the House, before going to the Senate for a trial. Those who were rejoicing prematurely over Trump’s supposed “demise” had a hard and unpleasant wake up call.
Alas, that whole event seems to have slipped from everyone’s memories, including the media’s, as the term “impeachment” is still being thrown around as if it’s final and/or done by the Senate.
Friends, the Senate does not impeach.
Two: The Senate Tries and Convicts
“The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.”
The Senate is given the grave responsibility of trying the charges made by the House. This is no small or inconsequential task, as a conviction results in the removal of a sitting government official (an executive or judicial official as legislators can be removed more easily by the legislature itself) for good. An impeached and convicted government official can never return to office.
To reiterate: the House impeaches and the Senate tries and convicts.
Three: Impeachment and Conviction Only Removes a Holder of An Office From His or Her Position
“Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.”
It is utterly ludicrous impeach/convict someone after they are no longer in office. The entire point and existence of impeachment is to remove someone from office. That is the reason it exists. You literally cannot impeach someone who is not in office. You cannot remove someone from an office if they are no longer in office. It’s simple logic, friends.
The founders wanted the government to have a way to remove someone who needed removal. Impeachment and conviction does this and that is all it does. Impeachment and conviction is not a legal move. It is a political move and has no legal ramifications for the individual.
As you can see, the Constitution says that the individual who is removed from office can be subsequently tried by the courts after removal from office but that impeachment shall extend no further than to removal from office.
Which means, how can someone who no longer is in office logically be impeached and convicted–if the point of impeachment and conviction, per the Constitution, is removal from office?
It is so utterly preposterous and unconstitutional, the mere fact that I am writing about this is baffling to me. I’m especially miffed at the fact that the Senators now considering whether or not to actually try the impeachment of Trump likely know this and are choosing to blatantly disregard the Constitution. Further, the American people should know this and but apparently can’t see the obvious even when it’s right in their faces.
Four: The Chief Justice MUST Preside Over All Impeachment Trials
Can this be any less obvious? The Constitution explicitly says that the Chief Justice shall preside. And yet, the current Chief Justice has declared he will not preside over this next iteration of a Trump impeachment.
The Senate, instead of realizing that they cannot Constitutionally move forward with a legitimate trial, has instead decided to move forward and make Senator Patrick Leahy the presiding officer. (Senate: At least try to look like you’re being constitutional and convince another Justice to preside.)
In other words, the Senate has decided to try the impeachment (aka: potential removal from office) of someone who is no longer holding office without the Chief Justice presiding.
Things can’t get more blatantly unconstitutional and absurd than this.
Conclusion
Frankly, I’d hardly paid attention to the reports about the supposed “impeachment” and “trial” of Trump because I really didn’t take it seriously. I knew how completely and obviously unconstitutional it was, so I figured that the Senate and the news couldn’t be that dense. The Senate couldn’t really be doing this right? They’re just playing the game for the sake of playing the game.
Friends, I’m not so sure anymore, which is why I felt compelled to address the topic with this article.
We cannot allow our representatives, no matter our position or opinion of Trump, to so obviously violate the one standard–The Constitution–that we have to confine them.
If Americans can simply shrug this away, something so obvious, then our representatives will know, without a doubt…
…there is no more standard. They can get away with anything.
The Liberty Belle
I fear the worst for the future of America. This has gone too far. WE THE PEOPLE have allowed the public servants to become the lord and masters over us all so sad.
Very sad indeed. 🙁
While I find the narrow view and somewhat misguided idea behind this brief flawed based on history and law, I agree that it is all a waste of time. But, I also think that as long as no one does anything to hold Trump accountable as well as to squash this whole movement that has cast many of us true Conservatives away, the Republican party is but a mere joke at this point. I think a censure is a viable step, but, no one would buy that the party actually believes in it and it would be worthless.
Valid points. Thanks for the comment. 🙂
I SO agree, which is why I have subscribed to a web site, looking for a beach out of this country to live. This is no longer the land of the free.
Thank you for subscribing!
Frankly, since the Democrats were able to get away with stealing the 2020 Presidential election, it looks like they already can get away with anything. The question that remains is: What can we do about it? I don’t see anything I can do about it, and I don’t know what I can do about it. I don’t feel helpless, I just don’t know what I can do about the situation at the moment.
The people who are supposed to be representing Constitutional government in this country have by in large failed to live up to their responsibility. They let the Democrats effectuate fraud on a massive enough scale so as to steal the Presidential election. And, there is no telling how many other offices throughout the States were similarly stolen by fraud. The slackers who allowed the fraud are part of the same establishment swamp as those who have actively perpetrated the fraud and theft upon us. The Republican Party has failed to push effective measures to clean up voter rolls and to prevent State operatives from undermining the Constitutional system established for participation by States in Federal elections. Furthermore, the US Supreme Court failed to even hear arguments from the various offended States about malefaction by other States that diluted the efficacy of votes in the various States where the Constitutional system for State participation was honored. Reflect upon all of the corrupt action that has occurred at the highest levels of government throughout the years of the Trump administration. How much consequence has followed all of that corrupt action? Very little.
Perhaps some Americans are shrugging off this latest show trial and vicious attack upon President Trump. But, really, what is the alternative? To whom may we complain with any expectation that our complaint will generally and primarily resonate in quarters where the sound of disgruntled voters rings anything but hollow? It is extremely doubtful that those who listen to our complaints with a sense of responsibility will ever enjoy the attention of anybody willing to take up the cause of Constitutional government. We find ourselves in a serious fix; true political representation within the established institutions has for the most part been replaced by established power elites within those institutions. And so, I do not know what to do, and I figure that there are millions of patriotic Americans in the same dilemma. I expect that eventually the Left will create significant disastrous consequences brought about by their lack of common sense and their commitment to evil; perhaps at that point, their folly and foulness will be at last sufficiently exposed to a majority of even the dense among us. When that time comes, maybe then we will know what to do.
You’re so right, the people who’re supposed to be representing Constitutional government have miserably failed… it’s truly tragic.
So basically they have unconstitutionally made a political and optic joke out of the constitution and none of us realize it because we take it for granted the folks representing us are doing just that. Wow! The democrats are mad because they feel Trump incited a mob yet they are doing the exact same thing just a passive version by violating the constitution to persuade the fickle public. I wish I was more educated on all this because it just keeps getting more unbelievable! 🤦♂️
Yup 🤦♀️ It is indeed unbelievable.
“The hope of impunity is a strong incitement to sedition; the dread of punishment, a proportionably strong discouragement to it.”
Alex Hamilton / Federalist 27
The impeachment trials are futile in the sense that the Republican party has exhibited they have no principles and are going to attempt to defend the indefensible. Whether they vote to impeach or acquit Republican members of Congress are going to find out they are going to pay a price however, the events of January 6th made sure of that. Over the past four years the GOP have proven that they can’t lead even when they had control of the House, the Senate and the White House. So I say to them go right ahead and burn down the party. There seems to be a collective amnesia that was exactly your original objective in 2016 when you nominated that incompetent hood ornament as your leader. He’s been your political albatross from day one. In MAY 2016 he said “I think YOU WOULD HAVE RIOTS if there was a brokered convention”. Was he being an agitator or simply being prognostic?
As for the future of the party it will be 2008 all over again. They will be in the minority but the populist Republicans that remain will know that they needn’t have any vision or platform (see the 2018 and 2020 elections) and will merely stir up fear and hatred with their “caravan is coming” and “pedophiles in pizza places” rhetoric. They will ride what Margaret Chase Smith called “The Four Horsemen of Calumny”, fear, ignorance, bigotry and smearing to accomplish their goals. Heck if they think you’re gullible enough they might even drag out the “Repeal Obamacare” slogan again to drudge up support. Those vultures will enjoy being in the minority as long as they see they can perpetuate leading the party without accomplishing anything. Every day brings new evidence that the meaning of GOP is “Greedy Ol’e Politicians” and that the well being of the country is the last thing on their minds. The GOP is no longer the lesser of two evils. Having no ethics, principles or ideas it is on an entirely different level.
Great quote Bob! Thanks for the comments. 🙂
They already changed the voting procedures, so they know they can get away with anything now. There is no Constitution. The Party in power will do as they wish. America is now constitutionally equivalent to North Korea and China. The deep state is going to release holy hell upon anyone who does not comply. Many of us could become like one of the 100 million killed by Mao right here in the Purple Mountains and Spacious Sky’s. America is finished. It has been a good life. Time to prepare for the afterlife.
😢